Conversation started Feb 16, 2013 at 19:28.
Feb 16, 2013 19:28
While we're on the topic of copyright, I think we should also discuss our community ads. Some of them apparently are from copyrighted sources and we should make sure the ones we use are legally allowed.
@MadaraUchiha Any time :)
@LoganM Isn't that just fair use?
@LoganM I think the same policy applies.
@LoganM you can argue on the policy of fair use
actually you can't
you're not advertising their product, are you?
I think we can't argue fair use in that case.
Feb 16, 2013 19:30
@Mysticial I think it is, because we do not have any intention of making money, or providing the full material evading the costs for obtaining it
@Manishearth this varies greatly based on the ip holder
@Krazer true
"To justify the use as fair, one must demonstrate how it either advances knowledge or the progress of the arts through the addition of something new."
The way I understand the Copyright Law, if you take someone's stuff and make something new, then you get to keep the Copyright for the thing you created.
This post on meta.scifi explains when we can argue fair use:
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A: Youtube usage policy

PearsonArtPhotoUS Law states the following about Fair Use: Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors...

Feb 16, 2013 19:30
@Manishearth but we are not using their 'product' to make money for our own
But I am no lawyer. :)
@JNat ah, you're advertising anime.se . Not fair use
@Manishearth even though we have no intention of making profit?
However, the Stack Exchange policy applies
Time for one of us to apply for law school so we can figure this out :P
Feb 16, 2013 19:31
@JNat Buuut, SE does make money off anime.se (though in a roundabout way and effectively 0 at the moment)
If the copyright holders wish for the advertisement to be taken off, they can contact the Stack Exchange team, and it will be.
And IIRC fair use has nothing to do with monetization
@Manishearth hmm, I see
> the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
Anyone's got a friend who is anime fan, and also a lawyer in US? ;)
Feb 16, 2013 19:32
@Deidara-senpai They don't exist. :)
@Deidara-senpai got one who's studying laws ;)
#1) We are using their copyrighted material to advertise for our site, which fails completely.
#2) Copyrighted material is basically for-profit artwork. We fail this one too.
#3) We aren't using very much, so we're okay here.
#4) No significant effect.
@Manishearth it depends, but there are exceptions
Don't forget that none of you guys are representatives of Stack Exchange Inc.
Feb 16, 2013 19:33
@Deidara-senpai I have a friend who is in law school studying to be an IP lawyer at Georgetown University. I can ask him if we need to.
@AnnaLear That. I was going to make that point.
@AnnaLear yep, which means we can do whatever we want without consequences :D
I'm heading off guys. Good luck with the rest of the meeting. I'll catch up on all the decisions when I get back tonight/tomorrow.
But, again, if stuff can be avoided, it should be
@LoganM Give it a try, that's nice to know. At the least we would have one more member on the site.
Feb 16, 2013 19:34
@LoganM I don't think we need to ATM
@AnnaLear so we could interpret that as being ads for the community, and not for the site, or something like that? meaning that the intention is not to make money, but rather to draw attention
Lawyers never work for free. :P
@Deidara-senpai cept law interns
@Deidara-senpai We'll answer his questions here
If there is a legal problem, it will be brought to us. Then we'll handle it if it needs handling and pass the results on down to you if necessary. So, my advice would be to avoid doing something obviously boneheaded, but otherwise don't overthink it. :)
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Feb 16, 2013 19:35
@Deidara-senpai He isn't really an anime fan any more. Maybe 6 years ago he would have been interested in the site but probably not anymore.
@LoganM Oh well, then maybe just have him on standby, and we could consult him if something comes up.
@Deidara-senpai you gonna pay his retainer fee? :P
Do we have another topic for today?
@MadaraUchiha I don't think so.
@MadaraUchiha I think not
Feb 16, 2013 19:37
Okay
So to summarize: As far as copyright goes, do whatever you want within reason.
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Conversation ended Feb 16, 2013 at 19:37.